Man arrested for videotaping police at an event. Portland Oregon, NO GO ZONE.

in #oregon6 years ago

To find police engaged in first amendment violations, all you need to do is head on over to news.google.com and search for terms like "stalking", "harassment", "protection order", "breach of peace", "disorderly conduct", to pull up the cases that made the media. To further narrow the pool, it requires having a good idea as to what the freedom of speech is. This is a rather long posts. If you want to cut to the meat of the story scroll down to about where you see a video, or "comtrol-F" Katu.

Sadly the term stalking,stalker, harass[ed/ing] lowers peoples defenses to false charges, and prosecutors and governments get away with doing illegal things to people. The terms aren't just vague to ordinary folks but to lawyers and judges also, which means it is easier to unlawfully put people into the crosshairs of governmental force. To some extent the scope of how the laws are used are so broad as to cover many evils, but not everything that could be described as harassing or stalking is unlawful. In deed when you search there will be reports of how someone used a gun, or used threats, used violence, following someone on private property, hiding up in a tree, breaking in and entering, conspiracies to steal things including a pet cat, electronic trackingand peeping in windows. Sometimes you hear the sad case of someone with likely anxiety problems, and mild delusions which becomes a witch hunt against people who have done no harm. Of course what does standing outside a dorm mean? does it mean the door, or the building? And was it just someone too afraid to get the confidence to knock? Certainly this arrest won't help him gain any confidence when speaking to the ladies-and we wonder why people do what Cho did. Sometings you get older men with erotomanic delusions thinking teenage girls are their girlfriends trespassing and peeping. Sometimes you will see a strange story and see evidence of the trial penalty (at least he got a bond). Sometimes they want to be your sheriff. And well that's just from today's search. Reports on how someone was issued a no contact order, then make contact by running them over. Ah, how curative and meritorious those orders are! NOT!
You would be surprised how much "stalking" businesses do to all of us. Store security puts gps devides on shoplifting suspect cars, inside clothing, their cameras pick up the eigen vectors of your face to track you and to alert them to shoplifters, there are license plate readers used by police everywhere from private companies, and who knows how many companies are getting the gps data from your cellphones that you take with you everywhere, sites will read your every post on social media including what you share, your phone company doxes you unless you are unlisted, businesses know what webpages you are uses and likely know what videos you are watching, and may know what you are buying and looking at online and what linked you are likely to click, and they send you mass communications to your phones, mail boxes, and in boxes, and companies have assigned secret values upon you. So the next time you think about buying and gifting a friend a gag gift, know that it could affect your social scores. And much much more is known about you on the dark net. Wear sungalsses, buy local, buy with cash, use burner phones, use tor, adblockers, linux, psuedonyms, etc...and even that may not be enough.
The scope of stalking/harassing is so broad as to include so many things, and the media tends to pick up on the nuttiest examples. The most abusive cases tend to be hidden behind court dockets and rarely a word spoken about them. But once in a while you see that the scope became too broad and include people who were well within their rights. Though I don't do these searches enough, once in a while you will see things that reek of first amendment violations. Sometimes I will request discovery, even had to sue to get discovery once [likely my next posts]. There were two initially positive hits in my skimming of the word stalking that initially reeks of first amendment violations. Some cases like this one where a 60 year old man signaled a woman at a gas station and then followed her in his car, easily get negated after digging for more information finding he's done this 5 times and was previously in the newspaper. I am not sure if following a vehicle is a crime, and I am not aware of any caselaws that have declared it as constitutionally protected activity. Although the family courts tend to treat such acts of following as harassment in which case someone contemplating that action should too, I have substantial doubts. The streets and the sidewalks are a traditional public fora, but there are situations where residential privacy is a factor. Heaven forbid if some paranoid person ends up having someone arrested for following her home, and he just happened to work similar hours in the same part of town, and lived 3 or more houses down the road. I am not convinced that following a vehicle on a road is unprotected conduct, absent something more substantial.
Someone was driving strangely behind me once on the interstate (long time ago), then they drove to pass me and signaled me to roll down a window. They proceeded to tell me that I has a gasoline leak. Saved me money. Not everyone who signals you and follows you on the road, even to your home, is going to be a crazed psychopath nor does it make you become a coveted victim in this #metoo world.

Anyways just because the media reports what the police say doesn't mean it is true. Police and victims will lie their butts off, journalist can have their own agenda, and they can make mistakes too.


So as said there was one more case.

KATU reports that an "Eli Richey" reportedly stalked the Portland, Oregon police chief Danielle Outlaw because it allegedly violation of a stalking TPO. I can't wait to see the section 1983 case that followed. It is just a class A misdemeanor, so its not like he is going to the gulags in just the pre-trial or afterwards. It is just an intimidation tactic at first in Oregon, the next one would be far more severe as a class c felony. The police do not like him filming. The charge could be beat on a constitutional challenge, or as an applied challenge. Certainly his attorney knows the case is foul, but Richey may be pro se.


-source: The Oregonian

even the police chief out to knows the arrest is foul. In her own words as reported by Oregon Live when she was seeking a protection order, she reportedly testified, "It's not illegal to film the police". I don't know who swore out the warrant, but that is going to burn any hopes of a defense to qualified immunity.

It looks a lot worse for her cause any defense to qualified immunity also.

"She overruled police commanders to find that discipline was warranted against a sergeant who threatened to arrest an activist legally filming officers during a 2016 protest. "
-source Oreogonlive

The problem for Richie is that he himself, and what appears to be a friend, may not quite understand what the first amendment is. Though he did pose some good questions at the TPO hearing. He could end up shooting himself in the foot if he decides to go pro-se in the criminal case. In the past which he isn't on trial for, he and I guess a friend, went allegedly inside a store to film store security following securities response to a shoplifting arrest-they refused to leave when told. While malls and stores can be first amendment areas per Pruneyard shopping center v robins, the stores get to decide the time, manner, and place regulations that will minimize any interference with its commercial functions. Creepily another person with him, West (which KATU claims is on a sex offender's list), said that he [West] would videotape the officers kids at school. If that wasn't bad enough, Katu reports West and Richey allegedly started calling the store security officer at his home. Reportedly the supermarket filming incident lead to a convictions, which seems to have been tailored to gagging Richey and West from reporting on government officials. Oh the D/A was pissed, the Duo were videotaping various government officials homes Including his. The D.A. Didn't want them to have a bond, and the bond they received was 250k. Yeah, they were videotaping the private residence of police officers, the mayor, and as mentioned the D.A. running the risk of violating residential privacy-but didn't cross over that threshold.

Here is a video of him allegedly going to Lt Besner's house. very short clip about 6 minutes. He himself never leaves the sidewalk, but another person, believed West, does knock on his door. But unless there was a no soliciting sign, or a previous command to stay away, it is no different than what traditional journalist do. That type of aggressive journalism, Cold Knocking, isn't exactly favored by journalists due to safety issues. So it doesn't appear to be a violation of frisby v schultz. Even Oregon Live agrees that there wasn't a violation of the law.


-source Son of Hightower, youtube. He also has a steemit account too @sonofhightower

There is a claim that he scratched his balls or something during one filming, though the KATU, but having viewed many of his videos, I find that claim doubtful. But none of that is what constituted the stalking protection order, of the stalking charge[s] he is facing. Instead it was police chief Danielle outlaw claiming that she didn't like to be filmed by the cop watcher...on public property and the judge granted the indefinite order.

She took the phrase "Do you know who I am?'' as threatening, per oregon live. But that isn't a true threat nor intimidation per Virginia v Black.

For example, the First Amendment permits a State to ban "true threats," e. g., Watts v. United States, 394 U. S. 705, 708 (per curiam), which encompass those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals, see, e. g., ibid. The speaker need not actually intend to carry out the threat. Rather, a prohibition on true threats protects individuals from the fear of violence and the disruption that fear engenders, as well as from the possibility that the threatened violence will occur. R. A. V., supra, at 388. Intimidation in the constitutionally proscribable sense of the word is a type of true threat, where a speaker directs a threat to a person or group of persons with the intent of placing the victim in fear of bodily harm or death. Respondents do not contest that some cross burnings fit within this meaning of intimidating speech, and rightly so.

If she is afraid of a cop watcher who introduces himself with a Camera, she doesn't belong to be a police officer. If she wants to gag people engaged in their first amendment rights, all the more reason to send her to the unemployment lines. But seriously who is going to fire her (which is a common theme in the deep state as confirmed by project veritas), and more importantly who is going to train her employees? Portland, Oregon should be declared a No Go Zone, and it is just that much more important for the citizens to film the police there or leave. Reportedly this is the video that earned him the stalking TPO.


source: MooseHayesDocFilm

Then there is this:

[Danielle [Bowman] Outlaw] noted that Richey is "well over a foot taller and much larger in size'' than she, and was filming both her and her family member.

Classic Speaker based discrimination. hey, if women want to do the jobs that men do, they better, you know, man up.


-source: Beth Nakamura, Oregon Live.

You know what happens when there are little wimps on the force? Take this case from Fulton County, Ga involving Brian Nichols.

While being escorted to his retrial for the rape and other charges, Nichols attacks a sheriff's deputy when she removes his handcuffs, in a struggle that lasts about three minutes and is caught on surveillance video. He takes the key to a lock box where her gun is stored.

...Seizes the second deputy's gun and enters the courtroom from behind the bench, fires a single shot into Barnes' head, then shoots and kills court reporter Julie Brandau....On Martin Luther King Jr. Drive, witnesses say he fires multiple shots into the abdomen of another sheriff's deputy, Hoyt Teasley...Sometime later but less than five minutes away on foot, Nichols encounters US ICE Agent David Wilhelm and he shoots and kills Wilhelm, taking his gun, his badge and his blue Chevrolet pickup....

https://www.cnn.com/2013/10/31/us/atlanta-courthouse-shootings-fast-facts/index.html

Some family members of the victims filed civil lawsuits against Fulton County, Georgia. Judge Barnes' widow won a $5.2 million lawsuit. County commissioners agreed to pay $5 million to Julie Ann Brandau's daughter, Christina Scholte, who also sued.
https://en.wikipedia.org/wiki/Brian_Nichols

If equality is to mean equality, it shouldn't neglect reality. Reality is the court of final appeals. If women want to be police officers, they have to be prepared to deal with people who are much larger than they are....just like men have to. And if they can't, then they don't belong on that part of the force. This is in part how unarmed people get shot, some wimpy nervous cop claims they are afraid for their safety and go trigger happy. In terms of intersectional feminism, being a black women ranks pretty high and all sorts of agencies will recruit a token just to make themselves look better for grants and social relationships. I dare say that Danielle outlaw is just what they call a token. That tokenism lead to her speaking at Tedx talks, where I guess people pay a lot of attention to airheads. Horrendously unqualified. Portland Oregon wasn't even looking for a qualified black candidate, Let alone anyone with any brains or brawn, they just wanted a token. Reportedly she was on wheel of fortune in the 90s, where she got skunked that episode-but reportedly made 40k from the series. At the Oakland PD, she seems she was nothing more than a mouthpiece going from a public information officer to a spokesperson. SFGATe loses track of her at about 2009, so it is assumed soon afterwards she moved to Portland. Most recently Oregon Public broadcasting reports that while on the Lars Larson Show, she refused to call Antifa a terrorist organization.

Oregon live also reports her saying:

“My focus will be ensuring we have systems in place so anyone can sit in my chair, and these actions will continue,’’

She basically is admitting that she wants the job of police chief to become a permanent token position so entangled by the bureaucracy, an oligarchy, the police chief has no power. That she wants an oligarchy to do her job for her despite her 6 figure salary.

Most of what we hear from her Swearing in ceremony was about training to deal with biases, emotions, and de-escalations. Not Suprisingly, and it's not a bad thing (cause Colin is right about the police being out of control, As Outlaw demonstrates), she is a fan of Colin Kaepernick, and worse Kamala Harris, and the corrupt politician from atlanta Kasim reed. For someone who is against biases, it is interesting to note that she only likes black people on facebook, and a feminist group.

Yet she is quick to lose her composure to first amendment activity that she doesn't like. Which is interesting in that she sits as an executive of the Human and Civil Rights division of the International association of police chiefs. No wonder we the people are always being f***ed if these are the people developing the standards of police organizations.

Since her arrival, Outlaw has traveled to several police conferences out of state. She sits on the Human and Civil Rights Committee of the International Association of Chiefs of Police, remains active with the National Organization of Black Law Enforcement Executives and the Police Executive Research Forum and is eager to get involved in the Oregon Association of Chiefs of Police.

A fox guarding the hen house, and you, the common citizen, are the hen. The people need to give her and Mayor Wheeler a swift kick in the butt out of office. As if the people of Portland, Oregon, will ever vote republican.

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